Bill Text: FL S0028 | 2010 | Regular Session | Introduced
Bill Title: Relief/Eddie Weekley/Charlotte Williams/APD
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2010-04-30 - Died in Committee on The Special Master on Claim Bills [S0028 Detail]
Download: Florida-2010-S0028-Introduced.html
Florida Senate - 2010 (NP) SB 28 By Senator Lawson 6-00119-10 201028__ 1 A bill to be entitled 2 An act for the relief of Eddie Weekley and Charlotte 3 Williams, individually and as co-personal 4 representatives of the Estate of Franklin Weekley, 5 their deceased son, for the disappearance and death of 6 their son while he was in the care of the Marianna 7 Sunland Center, currently operated by the Agency for 8 Persons with Disabilities; providing an appropriation 9 to compensate them for injuries and damages sustained 10 as result of the negligence of the Department of 11 Children and Family Services; providing a limitation 12 on the payment of fees and costs; providing an 13 effective date. 14 15 WHEREAS, in November of 2001, Franklin Weekley was 16 diagnosed with mental retardation and a seizure disorder and 17 admitted to the Marianna Sunland Center, which at the time was 18 operated by the Department of Children and Family Services, and 19 WHEREAS, on December 6, 2002, Franklin disappeared from the 20 center and, following a search of the premises by employees of 21 the center, was deemed by the center to have run away and the 22 case was closed, and 23 WHEREAS, on October 28, 2004, a demolition crew found the 24 skeletal remains of Franklin in the basement of a building 25 adjacent to the premises of the Marianna Sunland Center where 26 Franklin had resided, and 27 WHEREAS, legal action was filed on behalf of Franklin’s 28 parents against the Department of Children and Family Services 29 and its employees or agents raising negligence, tort, statutory, 30 and civil rights claims concerning the disappearance and death 31 of their son Franklin Weekley, and 32 WHEREAS, the parties and the Agency for Persons with 33 Disabilities, which currently operates the Marianna Sunland 34 Center, mediated and reached a settlement of all claims, and 35 WHEREAS, the plaintiffs and the Agency for Persons with 36 Disabilities entered into a Compromise and Settlement Agreement 37 by which all agreed to a claim bill under which the Agency for 38 Persons with Disabilities will pay $1 million in addition to the 39 $300,000 paid by the agency to settle claims relating to this 40 matter, NOW, THEREFORE, 41 42 Be It Enacted by the Legislature of the State of Florida: 43 44 Section 1. The facts stated in the preamble to this act are 45 found and declared to be true. 46 Section 2. The sum of $1 million is appropriated from the 47 General Revenue Fund to the Agency for Persons with 48 Disabilities, as successor to the Department of Children and 49 Family Services, to be paid for the relief of Eddie Weekley and 50 Charlotte Williams, individually and as co-personal 51 representatives of the Estate of Franklin Weekley, deceased. 52 Section 3. The Chief Financial Officer is directed to draw 53 a warrant in favor of Eddie Weekley and Charlotte Williams, 54 individually and as co-personal representatives of the Estate of 55 Franklin Weekley, deceased, in the sum of $1 million upon funds 56 of the Agency for Persons with Disabilities in the State 57 Treasury, and to pay the same out of such funds in the State 58 Treasury. 59 Section 4. The amount paid by the Agency for Persons with 60 Disabilities pursuant to s. 768.28, Florida Statutes, and the 61 amount awarded under this act are intended to provide the sole 62 compensation for all present and future claims arising out of 63 the factual situation described in this act resulting in the 64 disappearance and death of Franklin Weekley. The total amount 65 paid for attorney’s fees, lobbying fees, costs, and other 66 similar expenses relating to this claim may not exceed 25 67 percent of the amount awarded under this act. 68 Section 5. This act shall take effect upon becoming a law.
